Bolthole Index

Hot Spring County, Arkansas

Zoning, building permits and septic rules in Malvern, Arkansas

Malvern, Arkansas (Hot Spring County) requires a city building permit for residential construction inside city limits, and all land inside the corporate limits must conform to the city's zoning regulations.12 Septic permits are not issued by the city: the Arkansas Department of Health or its authorized agent, the county Environmental Health Specialist, handles them.3 Hot Spring County itself appears to have no county-wide zoning.4

At a glance

Building permit
Required inside city limits; apply online or at the Building Department15
Zoning
City zoning applies to all land and buildings inside the corporate limits2
Septic
State permit for construction and for operation, through Arkansas Department of Health63
Inspections
Footing, framing and final inspections are included with a new permit7
Owner-builder
Exempt from contractor licensing for your own residence, but not from permits and inspections8
Camping
Allowed only on designated city property along the Ouachita River, by permit9
Floodplain
Lowest floor must be at or above base flood elevation for new residential construction10

Who to call

Building permits

City of Malvern Building Department

Building, electrical, mechanical and plumbing permit applications and permit payment inside Malvern city limits

501-332-3638

305 Locust Street, Malvern, AR 72104

Online permits →

Zoning

City of Malvern lot size and setback requirements (Building Department)

Published minimum lot sizes and setbacks for the R-1, R-2 and R-3 residential districts; questions go to the Building Department

Septic permits

Arkansas Department of Health, Onsite Wastewater Program (Environmental Health)

Statewide onsite wastewater (septic) policy and permit-application review, in cooperation with the Environmental Health Specialist at the Hot Spring County health unit

501-661-2171

4815 W. Markham Street, Slot 46, Little Rock, AR 72205

Also useful

Hot Spring County Clerk

County recording, elections and general administration; the office to ask whether any county approval applies to a parcel outside Malvern city limits

(501) 332-2291

210 Locust St., Malvern, AR 72104

Contact details are copied from each office’s official page and were checked against it on October 10, 2026.

Off-grid gear

Going off-grid in Malvern means bringing your own water and power. The kit we’d start with:

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Do you need a building permit in Malvern, Arkansas?

Yes, inside Malvern city limits. The city requires building permits for residential, commercial, manufactured-home, electrical, mechanical, plumbing, roof and sign projects, and the application and payment process must be completed.1 Residential plans must be submitted, and engineer-stamped plans are required for commercial and new construction.1 The city has adopted the International Building Code.11

Starting work before the permit is issued is expensive: the fees are doubled, and fines are possible.1 New residential construction is charged $.05 per square foot with a $40 minimum, and extensions cost $40 per 90 days.12

Owner-builders can skip contractor licensing for their own home unless they build more than one residence in a calendar year, but that exemption does not remove permit or inspection requirements.8

We could not confirm a certificate-of-occupancy rule for Malvern; ask the Building Department.

Who issues building permits in Malvern, and how do you reach them?

The City of Malvern Building Department issues building, electrical, mechanical and plumbing permits inside the city. Applications are filled out online, paid through GovPayNow, or paid in person at the Building Department Office, and the application is not complete until payment is made.135 The phone number is 501-332-3638, option 2, and the city is at 305 Locust Street.13

A new residential or commercial permit includes footing, framing and final inspections; each additional or failed inspection costs $30.7

The city handles building permits and zoning inside its limits, but septic permits for Malvern addresses come from the Arkansas Department of Health, not the city.3 Outside the city limits, Hot Spring County's site lists no dedicated building or zoning department, so call the Hot Spring County Clerk at (501) 332-2291 to ask what applies.14

Does Malvern have zoning, and what does it mean for lot size and setbacks?

Yes. Within the corporate limits of Malvern, all land must be used, and all buildings built, altered, extended and moved, in conformance with the city's zoning regulations.2 The city is divided into R-1, R-2, C-1, C-2, C-3, W-1, M-1 and M-2 zones, among others, and the zoning map and bulk-and-area chart are part of the code.15

The city's published lot-size sheet sets the R-1 district minimum at 8000 square feet, the R-2 district at 6500 square feet, and the R-3 district at 6000 square feet for one family.16 In the R-1 district a main building must sit at least 10 feet from each side property line and 25 feet from the rear property line.16

We could not confirm minimum dwelling sizes, building height limits, lot coverage, accessory dwelling rules or manufactured-home district limits from the city's published material, so ask the Building Department.

How do septic permits work in Malvern, Arkansas?

Septic permits in Malvern come from the Arkansas Department of Health or its authorized agent, usually the Environmental Health Specialist assigned to the county, not from the city.3 A permit for construction must be obtained before construction, and a separate permit for operation before the system is used.6 The system must be inspected and approved before operation.17 The state onsite wastewater program can be reached at 501-661-2171.18

Public sewer comes first when it is available. Permits may be refused where public sewer is reasonably available, and when public sewer becomes available the building sewer must be connected within 60 days.619 The city also will not issue a permit for a private system using soil absorption on a lot under 10,000 square feet.20

Soils in Hot Spring County are a concern: only about 6.6% of soils rate as not very limited for a conventional drain field, so expect a site evaluation and possibly an engineered system.21

Can you live in an RV or tiny home on your land in Malvern?

We could not confirm a rule for living in an RV or a tiny home on private land inside Malvern. The city code addresses camping only on city-owned property: camping is allowed only on designated city property along the Ouachita River, with a permit, and no permit may allow more than 14 consecutive days.9

That rule does not answer the question for your own lot. Before you park an RV or place a tiny home on a Malvern parcel, call the Building Department at 501-332-3638, option 2, and ask what zoning allows in that district.13

Manufactured homes have their own permit category, and manufactured homes in a special flood hazard area face extra elevation and anchoring requirements.110

Building a home in Malvern: the steps, in order

  1. Find the parcel on the city zoning map and confirm the district and its lot-size and setback rules.15
  2. Check whether public sewer is available. If it is, a private system may be refused.6
  3. If you need septic, apply to the Arkansas Department of Health or its authorized agent for a construction permit before building.6
  4. Prepare a plot plan and residential plans.1
  5. Apply through the Building Department and pay online or in person.5
  6. Build to the adopted codes and schedule the footing, framing and final inspections.7
  7. Get the septic system inspected and approved, and obtain the permit for operation, before use.17

What to check before you buy land in Malvern, Arkansas

Confirm whether the parcel is inside the city limits. City permits and zoning apply only inside them.2

Check the flood map. New construction and substantial improvement of a residential structure in a special flood hazard area must have the lowest floor, including basement, at or above the base flood elevation.10

Check sewer availability, because a lot under 10,000 square feet cannot get a private soil-absorption permit.20

Watch-outs

  • Doing work before a permit is issued doubles the Malvern permit fees and can bring fines.1
  • The Arkansas owner-builder exemption covers contractor licensing only; permits and inspections still apply.8
  • We could not confirm private-land RV, tiny-home, well-permit, accessory-dwelling or short-term-rental rules inside Malvern.13

Sources

  1. Building Department (Malvern), quoted and re-checked
  2. Malvern Municipal Code § 20.04.040 General regulations (Malvern), quoted and re-checked
  3. Arkansas Department of Health Onsite Wastewater (Malvern), quoted and re-checked
  4. Hot Spring County, Arkansas - Official Site (2026 county census)
  5. Permit Applications (Malvern), quoted and re-checked
  6. Arkansas Rules Pertaining to Onsite Wastewater Systems (2024) (Malvern), quoted and re-checked
  7. City of Malvern Permit Fee Schedule (Malvern), quoted and re-checked
  8. Malvern Code Enforcement FAQ (Malvern), quoted and re-checked
  9. Malvern Municipal Code § 9.92.010 Authorized camping areas (Malvern), quoted and re-checked
  10. Malvern Municipal Code § 20.20.180 Construction—Specific standards (Malvern), quoted and re-checked
  11. Malvern Municipal Code § 16.04.010 International Building Code adopted (Malvern), quoted and re-checked
  12. City of Malvern Permit Fee Schedule (Malvern), quoted and re-checked
  13. City of Malvern Building Department (malvernar.gov)
  14. Hot Spring County Clerk (hotspringcounty.org)
  15. Malvern Municipal Code § 20.04.030 Zoning map and zone regulations (Malvern), quoted and re-checked
  16. City of Malvern lot size and setback requirements (Building Department) (malvernar.gov)
  17. Arkansas Rules Pertaining to Onsite Wastewater Systems (2024) (Malvern), quoted and re-checked
  18. Arkansas Department of Health, Onsite Wastewater Program (Environmental Health) (healthy.arkansas.gov)
  19. Malvern Municipal Code § 14.12.130 Time for connection to public sewer (Malvern), quoted and re-checked
  20. Malvern Municipal Code § 14.12.040 Privy or cesspool prohibited (Malvern), quoted and re-checked
  21. Share of soils USDA rates "not limited" for a conventional septic drain field (SSURGO). A strict rating: the median county is about 6% and a tenth of counties are 0%, so a low figure means most lots need a site evaluation or an engineered system, not that septic is impossible. Cite it only with that caveat: Bolthole Index county data

Written October 10, 2026 from the rules quoted below, each taken from an official source and re-checked by an independent reviewer. This is research, not legal advice: rules change, so confirm with the office before you buy or build.

Answers from the rulebook for Malvern

Malvern’s own rules

  • Building permitRequired

    Residential, commercial, manufactured-home, electrical, mechanical, plumbing, roof, sign, and related construction projects inside Malvern.

    • The city requires completion of the application and payment process.
    • Residential plans must be submitted.
    • Engineer-stamped plans are required for commercial and new construction.
    • The cited fee schedule states that work requiring a permit started before issuance is subject to doubled fees and possible fines.
    “PENALTIES — where work for which a permit is required by this code is started or proceeded prior to obtaining said permit, the fees here in specified shall be doubled”
  • Owner-builder exemptionConditional

    Owner-builders and owners performing work inside Malvern.

    • A person constructing their own residence is exempt from contractor licensing unless building more than one residence during a calendar year.
    • An owner of a single-family residence may act as their own home-improvement contractor on their own property.
    • The exemption does not remove permit or inspection requirements.
    • The listed exceptions do not apply to projects intended for lease, rent, resale, or public access.
    “(1) A person who acts as a residential building contractor in the construction of his or her residence unless he or she builds more than one (1) residence during any calendar year;”
  • Building code adoptedAdopted

    Construction within the city's jurisdiction.

    • The city also lists state and related codes through its Code Enforcement FAQ.
    “The current edition of the International Building Code is adopted and incorporated as fully as if set forth in length in this chapter and from passage of the ordinance codified in this chapter the provisions therein shall be controlling within the area of jurisdiction of the city.”
  • InspectionsRequired

    Permitted residential and commercial construction inside Malvern.

    • New residential and commercial building permits include footing, framing, and final inspections.
    • Additional or failed inspections are charged separately.

    included inspections: 3 inspections (footing, framing, and final) · additional inspection fee: per 30 USD

    “The cost of the building permit shall include three (3) inspections (footing, framing, and final):”
  • Local zoningPresent

    All land and buildings inside Malvern city limits.

    • The city code states that all land and buildings within the corporate limits must conform to the zoning regulations.
    “Within the corporate limits of Malvern, all land shall be used and all buildings shall be built, altered, extended, moved, and used in conformance with these regulations.”
  • Zoning districtsPublished

    Corporate limits of Malvern.

    • The zoning map and bulk-and-area chart are incorporated by reference into the zoning title.
    “For the purpose of this title, the corporate limits of Malvern, are divided into the following zones: R-1 R-2 1-1 C-1 C-2 C-3 W-1 M-1 M-2”
  • Camping on your landLimited

    Camping on city-owned property inside Malvern.

    • Camping is allowed only on designated City of Malvern property alongside the Ouachita River.
    • A permit is required.
    • Camping on other city-owned property is prohibited.
    • No permit may allow more than 14 consecutive days.

    maximum permitted duration: <= 14 days

    “Camping shall be allowed only on certain property owned by the City of Malvern alongside the Ouachita River upon obtaining a permit as required herein. Camping on any other city-owned property is prohibited.”
  • Off-grid sanitationLimited

    Private onsite sanitation inside Malvern.

    • Privies, septic tanks, cesspools, and similar sewage-disposal facilities are unlawful except as otherwise provided.
    • Private systems must comply with state Department of Health recommendations.
    • No permit may issue for subsurface absorption where the lot is under 10,000 square feet.
    • Public-sewer availability triggers connection and abandonment requirements.

    minimum lot area for subsurface absorption permit: >= 10000 square feet

    “The type, capacities, location, and layout of a private sewage disposal system shall comply with all recommendations of the Department of Public Health of the state. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than ten thousand square feet.”
  • Mandatory utility hookupSewer (with conditions)

    Property inside Malvern served by a private sewage-disposal system when public sewer becomes available.

    • Connection must occur within 60 days after public sewer becomes available.
    • The private sewage-disposal system must be cleaned of sludge and filled with clean bank-run gravel or dirt.
    • A direct connection and abandonment of septic tanks, cesspools, and similar facilities are required.

    connection deadline: 60 days (after public sewer becomes available)

    “When a public sewer becomes available, the building sewer shall be connected to the sewer within sixty days and the private sewage disposal system shall be cleaned of sludge and filled with clean bank-run gravel or dirt.”
  • Subdividing landRegulated (with conditions)

    Subdivision proposals inside Malvern, including manufactured-home parks and subdivisions in special flood-hazard areas.

    • Floodplain subdivision proposals must meet the cited flood-damage-prevention sections.
    • Adequate drainage is required.
    • Public utilities and facilities must be located and constructed to minimize or eliminate flood damage.
    • Separate city subdivision and land-development materials are published by the city.
    “Subdivision and Land Development Code (PDF)”
  • Building in a floodplainRequired

    New construction, substantial improvements, and subdivision development in Malvern special-flood-hazard areas.

    • Residential structures must elevate the lowest floor, including basement, to or above base-flood elevation where the section applies.
    • Nonresidential structures must elevate or meet watertight floodproofing standards.
    • Enclosures below the lowest floor must allow automatic entry and exit of floodwaters.
    • Manufactured homes have additional elevation and anchoring requirements.
    “New construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated to or above the base flood elevation.”
  • Permit feesPublished

    City building, plumbing, electrical, mechanical, roofing, accessory-building, sign, inspection, and related permits inside Malvern.

    • Residential and commercial new construction fees are generally $.05 per square foot with a $40 minimum.
    • Commercial permits carry the stated Arkansas surcharge.
    • Additional or re-inspections cost $30.
    • Permit extensions cost $40 per 90 days.
    • The fee schedule contains separate plumbing, electrical, mechanical, street-cut, and right-of-way fees.

    new residential/construction permit minimum: >= 40 USD ($.05 per square foot under roof) · additional inspection: per 30 USD · permit extension: per 40 USD (90-day extension)

    “New Construction/Installation ………… $.05 / square foot of area under roof with a minimum permit fee of $40. Any additional inspections shall be charged at $30 per inspection.”
  • Permit processPublished

    City permit applications inside Malvern.

    • Choose the appropriate application.
    • Complete and submit it.
    • Pay through GovPayNow or in person at the Building Department.
    • Payment must be completed for the application process.
    “The online building permit application process consists of 3 steps:”

Rules another office applies inside Malvern

Malvern does not set these itself; the county, a health district or the state does, and they apply to every address inside its limits.

  • Who permits septicMixed (with conditions)

    Onsite wastewater systems serving property inside Malvern; Arkansas Department of Health administers the statewide program with county Environmental Health Specialists or authorized agents.

    • The state program sets statewide policies and assists county health-department Environmental Health Specialists.
    • Applications go to the Department or its Authorized Agent.
    “2.3. Authorized Agent. The Environmental Health Specialist assigned to the County, or Business Unit by the Department.”
  • Septic permitRequired

    Construction, alteration, repair, extension, and operation of onsite wastewater systems serving property inside Malvern when public sewer is not controlling.

    • A Permit for Construction must be obtained before construction.
    • A Permit for Operation must be obtained before operation.
    • Emergency repairs may proceed without prior permit only if a permit is obtained within ten working days.
    • Permits may be refused where public sewer is reasonably available or economically feasible.
    “Permits for construction and operation of onsite wastewater systems shall be obtained in accordance with the RULES PERTAINING TO ONSITE WASTEWATER SYSTEMS prior to the construction, installation or modification of the Onsite Wastewater System.”
  • Septic inspectionRequired

    Onsite wastewater systems inside Malvern.

    • The system must be inspected and approved before operation.
    • The owner must obtain a Permit for Operation.
    • The installer must notify the Authorized Agent at least 24 hours before work, except for emergency repairs.
    “It shall be unlawful for any person, firm, corporation, association, municipality or governmental agency to begin operation of any onsite wastewater system until such system has been inspected and approved by the Department or its Authorized Agent and the owner has first obtained a Permit for Operation issued by the Department or its Authorized Agent.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Malvern or Hot Spring County directly.

  • Certificate of occupancy — Buildings inside Malvern city limits.
  • Minimum dwelling size — Residential dwellings inside Malvern.
  • Minimum lot size — Residential lots inside Malvern.
  • Setbacks — Buildings and accessory structures inside Malvern.
  • Lot coverage — Lots inside Malvern.
8 more unanswered
  • Building height
  • Living in an RV
  • Tiny homes
  • Manufactured homes
  • Accessory dwellings
  • Well permit
  • Agricultural exemption
  • Short-term rentals

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.

Unanswered questions are usually a sign that Malvern publishes no rule on the point, not that none exists. Hot Spring County’s page lists the county offices to call.

← All of Hot Spring County: county rules, score and offices